In this March 21, 2018, file photo, Border Patrol Agent Lonnie Swartz (left) makes his way to the U.S. District Court building in downtown Tucson. Ron Medvescek/Associated Press

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

In this March 21, 2018, file photo, Border Patrol Agent Lonnie Swartz (left) makes his way to the U.S. District Court building in downtown Tucson.
Ron Medvescek/Associated Press

In this Dec. 4, 2017, file photo, a portrait of 16-year-old Mexican youth Jose Antonio Elena Rodriguez, who was shot and killed in Nogales, Sonora, Mexico, is displayed on the Nogales street where he was killed that runs parallel with the U.S. border. A U.S. Border Patrol agent who was acquitted of second-degree murder in a case that ended in mistrial will be retried on lesser charges, the attorney for the family of the rock-throwing teen killed in a 2012 cross-border shooting said Friday, May 11, 2018. Anita Snow/Associated Press

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

In this Dec. 4, 2017, file photo, a portrait of 16-year-old Mexican youth Jose Antonio Elena Rodriguez, who was shot and killed in Nogales, Sonora, Mexico, is displayed on the Nogales street where he was killed that runs parallel with the U.S. border. A U.S. Border Patrol agent who was acquitted of second-degree murder in a case that ended in mistrial will be retried on lesser charges, the attorney for the family of the rock-throwing teen killed in a 2012 cross-border shooting said Friday, May 11, 2018.
Anita Snow/Associated Press

Grandmother Taide Elena, left, and mother Araceli Rodriguez, right, led a march through downtown Nogales, Sonora on May 10, 2018, asking for a retrial of the Border Patrol agent that killed Jose Antonio Elena Rodriguez. Rafael Carranza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Grandmother Taide Elena, left, and mother Araceli Rodriguez, right, led a march through downtown Nogales, Sonora on May 10, 2018, asking for a retrial of the Border Patrol agent that killed Jose Antonio Elena Rodriguez.
Rafael Carranza/The Republic

After a march, supporters gathered and held a vigil for Jose Antonio Elena Rodriguez on May 10, 2018, at the site where border agent Lonnie Swartz shot and killed him. Rafael Carranza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

After a march, supporters gathered and held a vigil for Jose Antonio Elena Rodriguez on May 10, 2018, at the site where border agent Lonnie Swartz shot and killed him.
Rafael Carranza/The Republic

Dozens of protesters gathered Monday afternoon to protest the “not guilty” verdict in the slaying of 16-year-old Jose Antonio Elena Rodriguez (pictured) at the hands of a Border Patrol agent. Rafael Carranza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Dozens of protesters gathered Monday afternoon to protest the “not guilty” verdict in the slaying of 16-year-old Jose Antonio Elena Rodriguez (pictured) at the hands of a Border Patrol agent.
Rafael Carranza/The Republic

On Oct. 10, 2017, Araceli Rodriguez, the mother of Jose Antonio Elena Rodriguez, and others came on the fifth anniversary of the teen's death and prayed at the site in Nogales, Sonora, Mexico, where Border Patrol agent Lonnie Swartz shot and killed the 16-year-old through the border fence. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

On Oct. 10, 2017, Araceli Rodriguez, the mother of Jose Antonio Elena Rodriguez, and others came on the fifth anniversary of the teen's death and prayed at the site in Nogales, Sonora, Mexico, where Border Patrol agent Lonnie Swartz shot and killed the 16-year-old through the border fence.
Nick Oza/The Republic

On Oct. 10, 2017, Araceli Rodriguez, the mother of Jose Antonio Elena Rodriguez, and others came on the fifth anniversary of the teen's death and prayed at the site in Nogales, Sonora, Mexico, where Border Patrol agent Lonnie Swartz shot and killed the 16-year-old through the border fence. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

On Oct. 10, 2017, Araceli Rodriguez, the mother of Jose Antonio Elena Rodriguez, and others came on the fifth anniversary of the teen's death and prayed at the site in Nogales, Sonora, Mexico, where Border Patrol agent Lonnie Swartz shot and killed the 16-year-old through the border fence.
Nick Oza/The Republic

On Oct. 10, 2017, Araceli Rodriguez, the mother of Jose Antonio Elena Rodriguez, and others came on the fifth anniversary of the teen's death and prayed at the site in Nogales, Sonora, Mexico, where Border Patrol agent Lonnie Swartz shot and killed the 16-year-old through the border fence. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

On Oct. 10, 2017, Araceli Rodriguez, the mother of Jose Antonio Elena Rodriguez, and others came on the fifth anniversary of the teen's death and prayed at the site in Nogales, Sonora, Mexico, where Border Patrol agent Lonnie Swartz shot and killed the 16-year-old through the border fence.
Nick Oza/The Republic

On Oct. 10, 2017, a humanitarian group from the U.S. and Mexico walks toward the site where Jose Antonio Elena Rodrigez, 16, was shot through the border fence and killed by Border Patrol agent Lonnie Swartz. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

On Oct. 10, 2017, a humanitarian group from the U.S. and Mexico walks toward the site where Jose Antonio Elena Rodrigez, 16, was shot through the border fence and killed by Border Patrol agent Lonnie Swartz.
Nick Oza/The Republic

On Oct. 10, 2017, Araceli Rodriguez, the mother of Jose Antonio Elena Rodriguez, and others came on the fifth anniversary of the teen's death and prayed at the site in Nogales, Sonora, Mexico, where Border Patrol agent Lonnie Swartz shot and killed the 16-year-old through the border fence. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

On Oct. 10, 2017, Araceli Rodriguez, the mother of Jose Antonio Elena Rodriguez, and others came on the fifth anniversary of the teen's death and prayed at the site in Nogales, Sonora, Mexico, where Border Patrol agent Lonnie Swartz shot and killed the 16-year-old through the border fence.
Nick Oza/The Republic

On Oct. 10, 2017, Araceli Rodriguez, the mother of Jose Antonio Elena Rodriguez, and others came on the fifth anniversary of the teen's death and prayed at the site in Nogales, Sonora, Mexico, where Border Patrol agent Lonnie Swartz shot and killed the 16-year-old through the border fence. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

On Oct. 10, 2017, Araceli Rodriguez, the mother of Jose Antonio Elena Rodriguez, and others came on the fifth anniversary of the teen's death and prayed at the site in Nogales, Sonora, Mexico, where Border Patrol agent Lonnie Swartz shot and killed the 16-year-old through the border fence.
Nick Oza/The Republic

On Oct. 10, 2017, family members burn candles at the site in Nogales, Mexico, where Jose Antonio Elena Rodrigez, 16, was shot and killed through the border fence by Border Patrol agent Lonnie Swartz. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

On Oct. 10, 2017, family members burn candles at the site in Nogales, Mexico, where Jose Antonio Elena Rodrigez, 16, was shot and killed through the border fence by Border Patrol agent Lonnie Swartz.
Nick Oza/The Republic

On Oct. 10, 2017, Ana Maria Vasquez Leon (far left), joined Taide Elena and Araceli Rodriguez, the grandmother and mother, respectively, of Jose Antonio Elena Rodriguez, as they and others came on the fifth anniversary of the teen's death and prayed at the site in Nogales, Sonora, Mexico, where Border Patrol agent Lonnie Swartz shot and killed the 16-year-old through the border fence. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

On Oct. 10, 2017, Ana Maria Vasquez Leon (far left), joined Taide Elena and Araceli Rodriguez, the grandmother and mother, respectively, of Jose Antonio Elena Rodriguez, as they and others came on the fifth anniversary of the teen's death and prayed at the site in Nogales, Sonora, Mexico, where Border Patrol agent Lonnie Swartz shot and killed the 16-year-old through the border fence.
Nick Oza/The Republic

On Oct. 10, 2017, Araceli Rodriguez, the mother of Jose Antonio Elena Rodriguez, and others came on the fifth anniversary of the teen's death and prayed at the site in Nogales, Sonora, Mexico, where Border Patrol agent Lonnie Swartz shot and killed the 16-year-old through the border fence. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

On Oct. 10, 2017, Araceli Rodriguez, the mother of Jose Antonio Elena Rodriguez, and others came on the fifth anniversary of the teen's death and prayed at the site in Nogales, Sonora, Mexico, where Border Patrol agent Lonnie Swartz shot and killed the 16-year-old through the border fence.
Nick Oza/The Republic

On Oct. 10, 2017, a humanitarian group from the U.S. and Mexico came on the fifth anniversary of Jose Antonio Elena Rodriguez's death and prayed at the site in Nogales, Sonora, Mexico, where Border Patrol agent Lonnie Swartz shot and killed the 16-year-old through the border fence. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

On Oct. 10, 2017, a humanitarian group from the U.S. and Mexico came on the fifth anniversary of Jose Antonio Elena Rodriguez's death and prayed at the site in Nogales, Sonora, Mexico, where Border Patrol agent Lonnie Swartz shot and killed the 16-year-old through the border fence.
Nick Oza/The Republic

On Oct. 10, 2017, a humanitarian group from the U.S. and Mexico walks toward the site where Jose Antonio Elena Rodrigez, 16, was shot through the border fence and killed by Border Patrol agent Lonnie Swartz. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

On Oct. 10, 2017, a humanitarian group from the U.S. and Mexico walks toward the site where Jose Antonio Elena Rodrigez, 16, was shot through the border fence and killed by Border Patrol agent Lonnie Swartz.
Nick Oza/The Republic

On Oct. 10, 2017, a humanitarian group from the U.S. and Mexico came on the fifth anniversary of Jose Antonio Elena Rodriguez's death and prayed at the site in Nogales, Sonora, Mexico, where Border Patrol agent Lonnie Swartz shot and killed the 16-year-old through the border fence. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

On Oct. 10, 2017, a humanitarian group from the U.S. and Mexico came on the fifth anniversary of Jose Antonio Elena Rodriguez's death and prayed at the site in Nogales, Sonora, Mexico, where Border Patrol agent Lonnie Swartz shot and killed the 16-year-old through the border fence.
Nick Oza/The Republic

Hundreds of people came to attend the Mass held on Oct. 8, 2016, by Bishop José Leopoldo González González during an anniversary vigil for José Antonio Elena Rodríguez, who was shot and killed by the Border Patrol on Internacional Street in Nogales, Sonora, in 2012. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Hundreds of people came to attend the Mass held on Oct. 8, 2016, by Bishop José Leopoldo González González during an anniversary vigil for José Antonio Elena Rodríguez, who was shot and killed by the Border Patrol on Internacional Street in Nogales, Sonora, in 2012.
Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Hundreds of people came to attend the Mass held on Oct. 8, 2016, by Bishop José Leopoldo González González, during an anniversary vigil for José Antonio Elena Rodríguez, who was shot and killed by the Border Patrol in 2012. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Hundreds of people came to attend the Mass held on Oct. 8, 2016, by Bishop José Leopoldo González González, during an anniversary vigil for José Antonio Elena Rodríguez, who was shot and killed by the Border Patrol in 2012.
Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Hundreds of people came to attend the Mass held on Oct. 8, 2016, by Bishop José Leopoldo González González, during an anniversary vigil for José Antonio Elena Rodríguez, who was shot and killed by the Border Patrol. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Hundreds of people came to attend the Mass held on Oct. 8, 2016, by Bishop José Leopoldo González González, during an anniversary vigil for José Antonio Elena Rodríguez, who was shot and killed by the Border Patrol.
Nick Oza/The Republic

Hundreds of people came to attend the Mass held on Oct. 8, 2016, by Bishop José Leopoldo González González, during an anniversary vigil for the slain José Antonio Elena Rodríguez. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Hundreds of people came to attend the Mass held on Oct. 8, 2016, by Bishop José Leopoldo González González, during an anniversary vigil for the slain José Antonio Elena Rodríguez.
Nick Oza/The Republic

Hundreds of people came to attend the Mass held on Oct. 8, 2016, by Bishop José Leopoldo González González, during an anniversary vigil for the slain José Antonio Elena Rodríguez. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Hundreds of people came to attend the Mass held on Oct. 8, 2016, by Bishop José Leopoldo González González, during an anniversary vigil for the slain José Antonio Elena Rodríguez.
Nick Oza/The Republic

Hundreds of people came to attend the Mass held by Bishop José Leopoldo González González. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Hundreds of people came to attend the Mass held by Bishop José Leopoldo González González.
Nick Oza/The Republic

Hundreds of people came to attend the Mass held on Oct. 8, 2016, by Bishop José Leopoldo González González, during an anniversary vigil for José Antonio Elena Rodríguez, who was shot and killed by the Border Patrol on Internacional Street in Nogales, Sonora, in 2012. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Hundreds of people came to attend the Mass held on Oct. 8, 2016, by Bishop José Leopoldo González González, during an anniversary vigil for José Antonio Elena Rodríguez, who was shot and killed by the Border Patrol on Internacional Street in Nogales, Sonora, in 2012.
Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Diego Roman Elena Rodriguez, the brother of 16-year-old Jose Antonio Elena Rodriguez who was shot to death by the Border Patrol, arrives at the federal courthouse in in Tucson, Ariz. on Oct. 10, 2015. The Border Patrol agent in the shooting, Lonnie Ray Swartz, is scheduled to be arraigned on a charge of second-degree murder. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Diego Roman Elena Rodriguez, the brother of 16-year-old Jose Antonio Elena Rodriguez who was shot to death by the Border Patrol, arrives at the federal courthouse in in Tucson, Ariz. on Oct. 10, 2015. The Border Patrol agent in the shooting, Lonnie Ray Swartz, is scheduled to be arraigned on a charge of second-degree murder.
Nick Oza/The Republic

Anna Maria Vasquez unfurls a canvas outside the federal courthouse in Tucson, Ariz. on Oct. 10, 2015 to support Araceli Rodriguez, mother of the slain Mexican teen, Jose Antonio Elena-Rodriguez. The U.S. Border Patrol agent in the shooting, Lonnie Swartz, was scheduled to be arraigned on a charge of second-degree murder. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Anna Maria Vasquez unfurls a canvas outside the federal courthouse in Tucson, Ariz. on Oct. 10, 2015 to support Araceli Rodriguez, mother of the slain Mexican teen, Jose Antonio Elena-Rodriguez. The U.S. Border Patrol agent in the shooting, Lonnie Swartz, was scheduled to be arraigned on a charge of second-degree murder.
Nick Oza/The Republic

Sagein Ramirez chants through the border fence from Nogales, Ariz. while watching a march in Mexico for those killed by the Border Patrol Friday October 10, 2014. It’s been two years since 16-year-old José Antonio Elena Rodríguez was shot by a Border Patrol agent who fired through the fence in Nogales. Michael Chow/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Sagein Ramirez chants through the border fence from Nogales, Ariz. while watching a march in Mexico for those killed by the Border Patrol Friday October 10, 2014. It’s been two years since 16-year-old José Antonio Elena Rodríguez was shot by a Border Patrol agent who fired through the fence in Nogales.
Michael Chow/The Republic

Demonstrators march for those killed by the Border Patrol in Nogales, Sonora, Mexico Friday October 10, 2014. It’s been two years since 16-year-old José Antonio Elena Rodríguez was shot by a Border Patrol agent who fired through the fence in Nogales. Michael Chow/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Demonstrators march for those killed by the Border Patrol in Nogales, Sonora, Mexico Friday October 10, 2014. It’s been two years since 16-year-old José Antonio Elena Rodríguez was shot by a Border Patrol agent who fired through the fence in Nogales.
Michael Chow/The Republic

Araceli Rodríguez carries a makeshift coffin for her son during a march in Nogales, Sonora, Mexico Friday October 10, 2014. It’s been two years since 16-year-old José Antonio Elena Rodríguez was shot by a Border Patrol agent who fired through the fence in Nogales. Michael Chow/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Araceli Rodríguez carries a makeshift coffin for her son during a march in Nogales, Sonora, Mexico Friday October 10, 2014. It’s been two years since 16-year-old José Antonio Elena Rodríguez was shot by a Border Patrol agent who fired through the fence in Nogales.
Michael Chow/The Republic

San Sierita Dell Erba (left) and Eric Anderson hug in Nogales, Ariz. while watching a march through the border fence in Mexico for those killed by the Border Patrol Friday October 10, 2014. It’s been two years since 16-year-old José Antonio Elena Rodríguez was shot by a Border Patrol agent who fired through the fence in Nogales. Michael Chow/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

San Sierita Dell Erba (left) and Eric Anderson hug in Nogales, Ariz. while watching a march through the border fence in Mexico for those killed by the Border Patrol Friday October 10, 2014. It’s been two years since 16-year-old José Antonio Elena Rodríguez was shot by a Border Patrol agent who fired through the fence in Nogales.
Michael Chow/The Republic

Demonstrators march for those killed by the Border Patrol in Nogales, Sonora, Mexico Friday October 10, 2014. It’s been two years since 16-year-old José Antonio Elena Rodríguez was shot by a Border Patrol agent who fired through the fence in Nogales. Michael Chow/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Demonstrators march for those killed by the Border Patrol in Nogales, Sonora, Mexico Friday October 10, 2014. It’s been two years since 16-year-old José Antonio Elena Rodríguez was shot by a Border Patrol agent who fired through the fence in Nogales.
Michael Chow/The Republic

Makeshift coffins rest against Iglesia de la Purisima Concepción before a march in Nogales, Sonora, Mexico Friday October 10, 2014. It’s been two years since 16-year-old José Antonio Elena Rodríguez was shot by a Border Patrol agent who fired through the fence in Nogales. Michael Chow/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Makeshift coffins rest against Iglesia de la Purisima Concepción before a march in Nogales, Sonora, Mexico Friday October 10, 2014. It’s been two years since 16-year-old José Antonio Elena Rodríguez was shot by a Border Patrol agent who fired through the fence in Nogales.
Michael Chow/The Republic

Kids carry a makeshift coffin for José Antonio Elena Rodríguez during a march in Nogales, Sonora, Mexico Friday October 10, 2014. It’s been two years since 16-year-old José Antonio Elena Rodríguez was shot by a Border Patrol agent who fired through the fence in Nogales. Michael Chow/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Kids carry a makeshift coffin for José Antonio Elena Rodríguez during a march in Nogales, Sonora, Mexico Friday October 10, 2014. It’s been two years since 16-year-old José Antonio Elena Rodríguez was shot by a Border Patrol agent who fired through the fence in Nogales.
Michael Chow/The Republic

Sarah Roberts holds a sign from the U.S. side of the border fence towards a march in Nogales, Sonora, Mexico Friday October 10, 2014. It’s been two years since 16-year-old José Antonio Elena Rodríguez was shot by a Border Patrol agent who fired through the fence in Nogales. She is standing on the hill where the agent fired the shots. Michael Chow/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Sarah Roberts holds a sign from the U.S. side of the border fence towards a march in Nogales, Sonora, Mexico Friday October 10, 2014. It’s been two years since 16-year-old José Antonio Elena Rodríguez was shot by a Border Patrol agent who fired through the fence in Nogales. She is standing on the hill where the agent fired the shots.
Michael Chow/The Republic

Kazarian Giannangello watches a march from the U.S. side of the border fence in Nogales Friday October 10, 2014. It’s been two years since 16-year-old José Antonio Elena Rodríguez was shot by a Border Patrol agent who fired through the fence in Nogales. Michael Chow, Michael Chow/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Kazarian Giannangello watches a march from the U.S. side of the border fence in Nogales Friday October 10, 2014. It’s been two years since 16-year-old José Antonio Elena Rodríguez was shot by a Border Patrol agent who fired through the fence in Nogales.
Michael Chow, Michael Chow/The Republic

Demonstrators carry makeshift coffins while marching for those killed by the Border Patrol in Nogales, Sonora, Mexico Friday October 10, 2014. It’s been two years since 16-year-old José Antonio Elena Rodríguez was shot by a Border Patrol agent who fired through the fence in Nogales. Michael Chow, Michael Chow/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Demonstrators carry makeshift coffins while marching for those killed by the Border Patrol in Nogales, Sonora, Mexico Friday October 10, 2014. It’s been two years since 16-year-old José Antonio Elena Rodríguez was shot by a Border Patrol agent who fired through the fence in Nogales.
Michael Chow, Michael Chow/The Republic

Araceli Rodriguez, mother of Jose Antonio Elena Rodriguez, who was shot to death by the Border Patrol on Oct. 10, 2012, holds a photo of her son in Nogales, Mexico, in 2012. Nick Oza/ The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Araceli Rodriguez, mother of Jose Antonio Elena Rodriguez, who was shot to death by the Border Patrol on Oct. 10, 2012, holds a photo of her son in Nogales, Mexico, in 2012.
Nick Oza/ The Republic

Marchers begin the protest march in Nogales, Sonora, to honor the memory of 16-year-old Jose Antonio Elena Rodriguez who died after being shot multiple times by one or more U.S. Border Patrol agents a year ago.@charlieleight Charlie Leight/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Marchers begin the protest march in Nogales, Sonora, to honor the memory of 16-year-old Jose Antonio Elena Rodriguez who died after being shot multiple times by one or more U.S. Border Patrol agents a year ago.@charlieleight
Charlie Leight/The Republic

Araceli Rodríguez, mother of Jose Antonio Elena-Rodriguez, who was shot to death by the Border Patrol in 2012, marches along the border fence in Nogales with family, friends and human-rights groups protesting the Border Patrol's use-of-force policies. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Araceli Rodríguez, mother of Jose Antonio Elena-Rodriguez, who was shot to death by the Border Patrol in 2012, marches along the border fence in Nogales with family, friends and human-rights groups protesting the Border Patrol's use-of-force policies.
Nick Oza/The Republic

Jose Antonio Elena Rodriguez, 16, died after being shot multiple times by one or more U.S. Border Patrol agents in Nogales. Sonora state police say they found Elena Rodriguez's body "with various gunshot wounds on different parts of the body." The body was found four blocks from the border crossing in downtown Nogales, at a spot where there is a roughly 20-foot drop from the base of the fence to the street below. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

Jose Antonio Elena Rodriguez, 16, died after being shot multiple times by one or more U.S. Border Patrol agents in Nogales. Sonora state police say they found Elena Rodriguez's body "with various gunshot wounds on different parts of the body." The body was found four blocks from the border crossing in downtown Nogales, at a spot where there is a roughly 20-foot drop from the base of the fence to the street below.
Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

The burial site for Jose Antonio Elena Rodriguez is decorated for Day of the Dead on Nov. 2, 2012. Families visit and tend to their relatives' graves on the holiday to remember them. Nick Oza/The Republic

U.S.-Mexico border killing: Jose Antonio Elena Rodriguez, 16

The burial site for Jose Antonio Elena Rodriguez is decorated for Day of the Dead on Nov. 2, 2012. Families visit and tend to their relatives' graves on the holiday to remember them.
Nick Oza/The Republic

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Border Patrol Agent Lonnie Swartz (left) makes his way to the U.S. District Court building in downtown Tucson where opening arguments are scheduled to begin in his murder trial on March 22, 2018.(Photo: Ron Medvescek/Arizona Daily Star)

Two key witnesses offered new details of the tense moments before and after a Border Patrol agent shot and killed an unarmed Mexican teen who had been throwing rocks at agents through the border fence in Nogales.

The witnesses, both Border Patrol agents, were in the area when fellow Agent Lonnie Swartz opened fire on Oct. 10, 2012.

The supervisor waited more than an hour for a special-crimes unit from Border Patrol's Tucson headquarters to arrive and begin investigating.

Cruz-Mendez testified he ordered agents to secure the area and to take photos, including of several rocks strewn along the street.

He also said he spoke to Mexican officials through the border fence. On the other side he noticed "a big crowd, and I saw someone on the ground, a deceased person, across the street, on the sidewalk."

During his testimony, Cruz-Mendez said he'd had rocks thrown at him three or four times during his nine years stationed in Nogales, but never fired his weapon in response.

He also acknowledged each situation is unique and that it is "common sense" that rocks can cause serious injury.

CLOSE

In an Arizona case, Jose Antonio Elena Rodriguez, 16, was shot 10 times in the back and head the night of Oct. 10, 2012, by one or more agents firing through the border fence into Nogales, Sonora. Agents said they were assaulted by rock throwers.
The Republic

'I was pretty scared'

Earlier Thursday, Shandon Wynecoop testified that he responded to a call about two smugglers who had jumped the border fence.

Wynecoop, who was a Border Patrol agent at the time, said he chased the smugglers to the border fence, and waited for the men to retreat to Mexico or come down on the U.S. side of the border fence to be arrested.

That's when rocks began raining down, he said. He and a Nogales police officer with a K-9 officer retreated to avoid being hit.

Wynecoop said a rock bounced off the ground and hit his shoe. The police dog appeared to react to being struck by a rock.

"I was pretty scared," he told defense attorneys, adding that he "didn't know what direction" the rocks were coming from. "I didn't know how many people were throwing rocks and how long it was going to continue."